VOL. V NO. 3 AUG/SEPT 2018

QUICK FACTS

THE ORGANIC LAW: WHAT CHANGE WILL IT BRING? PHOTO BY DIANA JEAN MORALEDA DIANA JEAN BY PHOTO

he enactment of Republic Act No. 11054 or the (BOL) is FREQUENTLY ASKED QUESTIONS ON THE BOL Tseen as a welcome development in the quest for peace and development in the most impoverished parts of the country where WHO AND WHERE ARE THE BANGSAMORO? prolonged conflict has repeatedly displaced communities and prevented the delivery of “Those who, at the advent of the Spanish essential services to the people. At the same colonization, were considered natives or time, it is welcomed by some advocates of original inhabitants of and the federalism who see in the establishment of the archipelago and its adjacent islands, TAGOLOAN Bangsamoro Autonomous Region in Muslim whether of mixed or of full blood, shall BALOI PANTAR Mindanao (BARMM) an example of how a have the right to identify themselves, their MUNAI federal system of government could work spouses and descendants, as Bangsamoro” TANGKAL in the . While current discussions (ARTICLE II, SECTION 1). NUNUNGAN on federalism have tended to dwell on principles and general statements about MARAWI what it promises to accomplish, Filipinos The Bangsamoro’s NORTH could find in the BOL and its implementation territorial jurisdiction a concrete example of how a federal set- CARMEN (ARTICLE III, SECTION 2), PIGKAWAYAN up might work from the perspective of one subject to a plebiscite ALEOSAN sub-state. Although federalism can take to be conducted not KABACAN many forms and the BOL represents only one ISABELA CITY MIDSAYAP earlier than 90 days LAMITAN PIKIT possible model, delving into the operational or later than 150 days details of the BARMM could offer insights into after the effectivity SULU the merits as well as challenges of a federal of RA No. 11054, shall system before Filipinos decide on whether or be composed of the not the entire country should make the shift following: to this new form of government. This issue of the Intersect Quick Facts TAWI-TAWI presents basic information on what the new law contains and the changes the law will bring to the governance of the BARMM. Present geographical area of the Autonomous 39 barangays in 6 municipalities in North Cotabato Region in Muslim Mindanao (ARMM), provided that that voted for inclusion in the ARMM during the RESEARCH BY the cities and provinces of the present ARMM will 2001 plebiscite, provided that the municipality to Marvee Anne M. Ramos and vote as one geographical area which the belongs will vote in favor of Anna Marie V. Alhambra inclusion of the barangay 6 municipalities in Lanao del Norte that voted for EDITING BY inclusion in the ARMM during the 2001 plebiscite, All other contiguous areas where a resolution of the Anna Marie A. Karaos provided that the province will vote favorably for the inclusion of the municipality local government unit or a petition of at least 10% of the LAYOUT BY registered voters in the area seeks for their inclusion at Gerald M. Nicolas Cotabato City and Isabela City least two months prior to the conduct of the plebiscite. OTHER TERRITORIES Inland waters. The preservation and management of all inland waters (lakes, rivers, rivers systems, and streams within its territorial jurisdiction) shall be under the Bangsamoro Government (ARTICLE Because Lake Lanao provides III, SECTION 3). “The Bangsamoro Government shall have exclusive powers over inland waters, power for 30% of the people including lakes, marshes, rivers, and tributaries within its territory, except those that provide in Mindanao, and along with LANAO DEL SUR energy to power generating plants” (ARTICLE XIII, SECTION 22). Inland waters used for energy outside the Agus River generates its territory will be co-managed with the National Government through the Department of Energy. 70% of the electricity in the entire island, this inland water Municipal and regional waters. “The municipal and regional waters of the BARMM shall extend will be co-managed by the up to 15 kilometers and 19 kilometers, respectively, from the low-water mark of the coasts that are Bangsamoro and the National governments. part of the Bangsamoro territorial jurisdiction” (ARTICLE III, SECTION 4). MAGUINDANAO

WHAT ARE THE POWERS OF THE BARMM VIS-À-VIS THE NATIONAL GOVERNMENT?

POWERS OF THE BARRM ARTICLE V SECTION II enumerates the powers of the Bangsamoro POWER OF THE NATIONAL GOVERNMENT Government “without prejudice to the general supervision of the President of the Republic of the Philippines.” These powers include: The National Government will continue to hold all the powers, functions, and responsibilities that are ■ administration of justice ■ housing and human settlements ■ ■ not granted to the Bangsamoro Region (ARTICLE V, ■ administrative organization ■ humanitarian services and institutions ■ ■ SECTION 1). These include foreign affairs, defense, and ■■ agriculture, livestock, and food security ■■ human rights security. ■■ ancestral domain and natural resources ■■ indigenous peoples’ rights ■■ barter trade and countertrade ■■ inland waters The Bangsamoro Region will not have its own army ■■ budgeting ■■ inland waterways for navigation and foreign policy. Similarly, a Police Regional Office ■■ business name registration ■■ Islamic banking and finance in the BARMM will be under the direct control and ■■ cadastral land survey ■■ labor, employment, and occupation supervision of the Philippine National Police (ARTICLE ■■ civil service ■■ libraries and museums, and historical, cultural XI, SECTION 2). On police matters affecting the Police ■■ classification of public lands and archaeological sites Regional Office in BARMM, the National Police ■■ cooperatives and social entrepreneurship ■■ loans, credits, and other forms of indebtedness Commission shall consult the Chief Minister. ■■ creation, division, merger, abolition or alteration ■■ mechanisms for consultations for women and of boundaries of municipalities and barangays marginalized sectors ■■ creation of government-owned or controlled ■■ people’s organizations corporations and pioneer firms ■■ power sector investments INTERGOVERNMENTAL RELATIONS ■■ creation of sources of revenues ■■ public utilities’ operations ■ cultural exchange, and economic and technical ■ public works and infrastructure ■ ■ As issues may arise from the exercise of the powers cooperation ■ quarantine regulations ■ mentioned above, an Intergovernmental Relations ■■ culture and language ■ registration of births, marriages, and deaths ■ Body will be created to coordinate and resolve issues ■■ customary laws (copies to be furnished the Philippine Statistics on intergovernmental relations through “regular ■■ development programs and laws for women, Authority) labor, the youth, the elderly, the differently-abled, ■■ regulation of the manufacture and distribution consultation and continuing negotiation in a non- and indigenous peoples of food, drinks, drugs, and tobacco adversarial manner” (ARTICLE VI, SECTION 2). The ■■ disaster risk reduction and management ■■ science and technology, research councils and Bangsamoro Government and the National Government ■■ ecological solid waste management and pollution scholarship programs shall each appoint representatives to this body. control ■ social services, social welfare, and charities ■ The following shall also be created: Intergovernmental ■ economic zones, industrial centers, and free ■ sports and recreation ■ ■ Fiscal Policy Board, Joint Body for the Zones of Joint ports ■■ technical cooperation for human resource Cooperation, Intergovernmental Infrastructures ■■ education and skills training development Development Board, Intergovernmental Energy ■■ eminent domain ■■ tourism development ■■ environment, parks, forest management, wildlife, ■■ trade and industry Board, and Bangsamoro Sustainable Development and nature reserves conservation ■■ urban and rural planning development Board (ARTICLE VI, SECTIONS 4-8). These bodies shall be ■■ fishery, marine, and aquatic resources ■■ urban land reform and land use composed of representatives from the Bangsamoro ■■ grants and donations ■■ water supply and services, flood control, and and National Governments. ■■ Hajj and Umrah irrigation systems Unresolved issues shall be elevated to the President ■■ health through the Chief Minister.

A TIMELINE OF THE BANGSAMORO STRUGGLE

1946 1968 1972 1976 1983

After the American The killing of at least 28 Moro soldiers in The Moro National The Government of Ideological differences within occupation, the Philippine Corregidor Island, an incident now known Liberation Front the Republic of the the MNLF forced its vice government promoted the as the , sparked the (MNLF), led by Nurullaji Philippines (GRP) and chairman Salamat Hashim to settlement of Christians Muslim “revolution” in Mindanao. The recruits Misuari, was made the MNLF signed the form the Moro Islamic Liberation from other parts of the were to undergo a “specialized training” public. On this year, Tripoli Agreement in Front (MILF) and pursue the country to the fertile lands in preparation for “Operation Merdeka,” Marcos declared Libya. The MNLF shifted establishment of an independent of Mindanao, displacing an alleged top-secret plan of the Marcos martial law to deal its demand from state and government and the Muslim and indigenous administration to invade Sabah, , with threats from independence to right implementation of the Shari’ah peoples and causing huge but were killed allegedly to preempt their communists and to self-determination. (Islamic Law). land ownership problems. grievances from getting publicized. Muslim secessionists.

SOURCES: BACONGCO 2018; BACUS 2015; CONCILIATION RESOURCES n.d.; INTERNATIONAL CRISIS GROUP 2012; OFFICIAL GAZETTE; MARCELO 2018a; WHITMAN n.d. WHAT ARE THE FEATURES OF THE BARRM GOVERNMENT?

PRESIDENT OF THE PHILIPPINES

WALI ARTICLE VIII ■■ ceremonial head CHIEF MINISTER DEPUTY CHIEF MINISTERS (2) ARTICLE VII, SECTIONS 4, 30-34 ARTICLE VII, SECTION 35 ■■ duties include: opening the session of the parliament, administering the oath ■■ head of the Bangsamoro ■■ will come from the other two sub-regions of office, dissolving the Parliament upon government different from that of the Chief Minister the advice of the Chief Minister, calling ■■ powers include: ■■ may hold a Cabinet position for election of a new Parliament, and appointment of the heads attending public ceremonies ■■ in case of death, permanent physical or of ministries, agencies, mental incapacity, removal from office, or ■ shall be chosen by the Parliament from ■ and bureaus; issuance resignation of the Chief Minister, the Deputy the list of names of eminent residents of executive orders and Chief Minister, more senior in age, shall act of the Bangsamoro Region submitted by policies; and proclamation as the Chief Minister until the Parliament the Council of Leaders of a state of calamity shall have elected a new Chief Minister

MEMBERS OF THE PARLIAMENT (80) ARTICLE VII, SECTIONS 2-3, 5-29 THE DISSOLUTION OF PARLIAMENT UPON A VOTE OF NO CONFIDENCE 50% for party not more than at least 10% for “Within 72 hours upon a vote of no confidence of at least representatives 40% for district reserved seats two-thirds (2/3) of all the members of the Parliament representatives and sectoral against the government of the day, the Chief Minister representatives: shall advise the Wali to dissolve the Parliament and call ■■ two seats each for a new parliamentary election. The election for a new for non-Moro parliament shall be held not later than 120 days from indigenous peoples the date of dissolution. The incumbent Chief Minister (IPs) and settler and the Cabinet shall continue to conduct the affairs communities of the Bangsamoro Government until a new Parliament ■■ one seat each for is convened and a new Chief Minister is elected and women, youth, qualified” ARTICLE( VII, SECTION 36). traditional leaders, and the Ulama The dissolution of parliament will necessitate an additional—most likely unplanned—election with budgetary consequences for the government.

JUDICIARY ARTICLE X Shari’ah courts will exercise jurisdiction over cases solely involving Muslims. It may have jurisdiction over cases involving non-Muslims upon their voluntary submission. Traditional/ tribal justice system which applies to disputes of IPs in the region and regular courts shall continue to exercise their judicial functions. SECTION 20 provides for alternative dispute Registered voters will elect their representatives in the . resolution, which can be utilized by Shari’ah and traditional/ tribal courts as a mode of settlement and resolution of cases.

1987 1989 1996 1997 2000 2001

The GRP and the President Corazon Aquino The GRP and the The GRP and President Joseph The GRP and the MILF signed MNLF signed the signed RA No. 6734 providing MNLF signed the MILF signed Estrada waged an an Agreement on the Jeddah Accord to an Organic Act for the the Final Peace the General all-out war against the General Framework for the discuss the proposal Creation of the Autonomous Agreement, Cessation of MILF. This led to the Resumption of Peace Talks. for autonomy to a Region in Muslim Mindanao which granted the Hostilities, dismantling of Camp President Gloria Macapagal- Muslim region and (ARMM). A plebiscite was Muslim majority signaling the Abubakar, the main Arroyo signed RA No. 9054 not limited to the 13 held in the 13 provinces of areas autonomy. start of peace headquarters of the which expanded the area provinces identified in Mindanao. Only Sulu, Tawi- MNLF Chairman negotiations with MILF in Maguindanao. covered by the ARMM. the Tripoli Agreement. Tawi, Maguindanao, and Lanao was the MILF. The war displaced one Basilan and the Islamic City del Sur voted for inclusion in appointed as the million people. of Marawi chose to be part the ARMM. ARMM governor. of the ARMM. HOW AND WHEN WILL THE TRANSITION RICHARD MADELO/PRESIDENTIAL PHOTO FROM ARMM TO BARMM HAPPEN?

PLEBISCITE The establishment of the BARMM and the determination of its territorial jurisdiction shall take effect upon ratification of the BOL by majority of the votes cast in a plebiscite in the LGUs within the Bangsamoro territory as stated in the law. The plebiscite shall be conducted not earlier than 90 days nor later than 150 days after the 2018 effectivity of the BOLARTICLE ( XV, SECTIONS 1-2). This period would After many public consultations and discussions on the roughly be in November to December 2018. BBL and after President Duterte certified the proposed BBL as urgent, Congress approved their respective INTERIM GOVERNMENT A Bangsamoro Transition Authority versions. The bicameral committee produced the draft (BTA) to be led by the Moro Islamic Liberation Front (MILF), without Organic Law for the Bangsamoro Autonomous Region prejudice to the participation of the Moro National Liberation Front in Muslim Mindanao. On July 27, President Duterte signed RA No. 11054, the Bangsamoro Organic Law. (MNLF) in its membership, will be created to function as the interim government during the transition to BARMM. The BTA shall be composed of 80 members to be appointed by the President, and 2016 will include representatives from non-Moro indigenous communities, The 16th Congress failed to pass the BBL when it adjourned youth, women, settler communities, traditional leaders, and other in February 2016. sectors. During the transition period, the powers of the Bangsamoro In November, President expanded the Government shall be vested in the BTA (ARTICLE XVI, SECTIONS 1-3). BTC with six additional members representing indigenous peoples, local government, sultanates, and other groups. TRANSITION PLAN Within the first 60 days of the transition period, the interim Chief Minister shall submit a proposed transition plan 2015 containing an organizational plan, and an implementation schedule. The Bangsamoro Transition Authority shall vote on the approval of the The BBL was sailing smoothly in Congress until the proposed transition plan within 10 days of its submission. The transition controversial Mamasapano incident happened on January 25. The operation to track down a “high value” terror target plan shall be implemented within 15 days from its approval (ARTICLE turned out to be a fatal encounter between Special Action XVI, SECTION 6). All powers, functions, assets, capital, records, funds, Force (SAF) troopers and combined MILF and BIFF fighters. receivables, equipment, and facilities of the ARMM shall be transferred The incident, which left 44 commandos, 18 MILF fighters, to BARMM except those properties, land, and structures located and five civilians dead, sparked public outcry, prompting the outside the ARMM (ARTICLE XVI, SECTION 10). legislators to put the BBL on the back burner.

FIRST ELECTION The first regular election for the Bangsamoro Government shall be held in 2022, synchronized with the national elections. Immediately upon the election and qualification of the Chief Minister under the first Parliament, the Bangsamoro Transition Authority will be deemed dissolved (ARTICLE XVI, SECTIONS 12-13). MALACAÑANG PHOTO BUREAU

NORMALIZATION As defined in the Framework Agreement on the Bangsamoro (FAB), normalization refers to “the process whereby communities can achieve their desired quality of life, which includes the pursuit of sustainable livelihood and political participation within a peaceful deliberative society.” Its components are: decommissioning or 2014 the gradual laying down of weapons of the MILF; strengthening efforts After signing the main annexes to the FAB (on transitional for rehabilitation, reconstruction, and development of the Bangsamoro; arrangements and modalities, on revenue generation and and correcting historical injustices and addressing grievances. wealth sharing, on power sharing, and on normalization and water territories) on various dates in 2013 and early 2014, the GPH and the MILF inked the final peace SPECIAL DEVELOPMENT FUND The National Government shall agreement known as the Comprehensive Agreement on provide a special development fund to the Bangsamoro Government the Bangsamoro (CAB). In September, the Office of the for the rebuilding, rehabilitation, and development of its conflict- Presidential Adviser on the Peace Process (OPAPP) and the affected communities. The amount equivalent to ₱50 billion, at ₱5 BTC submitted the first draft BBL to Congress. billion per year, for a period of 10 years from the ratification of the BOL, shall be allocated for this purpose (ARTICLE XIV, SECTION 2). 2012 MALACAÑANG PHOTO BUREAU

2008 2010 2011

The Arroyo administration held talks with the The MILF abandoned President Benigno MILF which culminated in the “secret signing” its demand for S. Aquino III met of the Memorandum of Agreement on independence. In with MILF chair Al Ancestral Domain (MOA-AD) in Malaysia. December, former MILF Haj Murad Ibrahim MOA-AD outlined the creation of a Bangsamoro commander Ameril in Tokyo. He was the In October, the Government of the Philippines (GPH) Juridical Entity with its own police, military, Umbra Kato separated first president to and the MILF signed the Framework Agreement on and judicial systems. In October, The Supreme his unit from the meet with the MILF. the Bangsamoro (FAB), which served as a roadmap for Court declared the MOA-AD unconstitutional, MILF and formed the the creation of a new self-governing region called the triggering clashes in Central Mindanao that Bangsamoro Islamic Bangsamoro. In December, the 15-member Bangsamoro displaced thousands of families. Freedom Fighters (BIFF). Transition Commission (BTC) was established to craft the Bangsamoro Basic Law (BBL). THE BARMM AS AN EXAMPLE FOR FEDERALISM

This section presents provisions in the BOL showing the institutional changes that will bring about the redistribution of governmental powers, as well as resources, between the national government and the Bangsamoro Government. These institutional changes, including the creation of new offices and agencies, will effectively reconfigure the delegation of powers, functions and responsibilities to the BARMM, according it greater autonomy while affirming the primacy of the Constitution and national laws.

NATIONAL GOVERNMENT SUPERVISION Treasury. The BOL creates a Bangsamoro Treasury Office whose primary function is to receive and safeguard all the General supervision of the Bangsamoro Government will be revenues generated and collected by the Bangsamoro exercised by the President of the Philippines to ensure that Government. The Office shall be headed by a Regional Treasurer laws are faithfully executed (ARTICLE VI, SECTION 1). This implies to be appointed by the Chief Minister and whose term shall be that the President will have the responsibility to see to it that no determined by a law to be passed by the Parliament (ARTICLE action of the Bangsamoro Government violates the Philippine XII, SECTION 4). Constitution or national laws. Taxation. Where all taxable elements are within the Bangsamoro A number of regional offices to be established in the BARMM territorial jurisdiction, the Parliament may impose the following will still fall under the control and supervision of the National taxes to the exclusion of the Bureau of Internal Revenue (BIR) Government, among them the Regional Civil Service Field of the National Government and in accordance with the Office, Police Regional Office, National Police Commission National Internal Revenue Code of 1997, as amended: capital Regional Office, and the Bangsamoro Electoral Office. gains tax, documentary stamp tax, donor’s tax, and estate tax (ARTICLE XII, SECTION 9). In case the Parliament does not impose CIVIL SERVICE the abovementioned taxes, the BIR shall continue to levy and collect said taxes. In no case shall the abovementioned taxes The Bangsamoro Government shall enact a civil service law in be imposed and collected by both the BIR and the Bangsamoro accordance with existing national laws. In case of conflict with Government. the national laws, the Constitution and existing national civil service laws, rules, and regulations shall prevail. As with many The Parliament shall establish by law the Bangsamoro Revenue provisions. this provision explicitly upholds the supremacy of Office for the assessment and collection of Bangsamoro taxes, the Philippine Constitution and national laws. The Civil Service as well as all other collectible taxes in the BARMM (ARTICLE XII, Commission shall establish a Regional Civil Service Field Office SECTION 11). (ARTICLE VII, SECTION 39). The Parliament shall enact a Bangsamoro tax and revenue BANGSAMORO ELECTORAL OFFICE code, which shall cover the taxing powers of the Bangsamoro Government, in accordance with the Constitution and the BOL The Commission on Elections shall establish a Bangsamoro (ARTICLE XII, SECTION 14). Electoral Office under its supervision and control which shall implement and enforce its orders, rulings and decisions. The FISCAL AUTONOMY budget of the Bangsamoro Electoral Office shall be part of the yearly budget of the Commission on Elections (ARTICLE VII, Seventy-five percent (75%) of National Government’s taxes, SECTION 40). fees, and charges collected in the BARMM (excluding tariffs and customs duties) will be granted to the region, inclusive of its SUBSTANTIVE AUTONOMY constituent local government units (ARTICLE XII, SECTION 10). This is a 5% increase from the current share of ARMM from the taxes Greater substantive autonomy is granted to the BARMM with collected by the National Government. respect to three critical government functions: the preparation of the budget, taxation, and the delivery of justice. Still in all Aside from this, an annual block grant shall be automatically cases, the supremacy of Philippine laws and consistency with appropriated in the General Appropriations Act to the existing laws in the execution of the mandates of the newly Bangsamoro Government. The annual block grant shall be the created bodies is explicitly articulated. share of the Bangsamoro Government in the national internal revenue tax collections of the Bureau of Internal Revenue and Budget. Greater autonomy is granted to the BARMM in the form collections of the Bureau of Customs. The amount of the block and manner of preparing the budget. However, consistency grant will be 5% of the net national internal revenue tax collection with Philippine laws is always affirmed. The Parliament of the of the Bureau of Internal Revenue and the net collection of Bangsamoro will enact a law prescribing the form, content, and the Bureau of Customs from the third fiscal year immediately manner of preparation of the Bangsamoro budget consistent preceding the current fiscal year (ARTICLE XII, SECTIONS 15-16). with existing Philippine laws, rules, and regulations of the National Currently, ARMM government officials justify the ARMM annual Government. A Bangsamoro Budget Office will be created by budget before the Congress. Critics reason that this undermined the Parliament for this purpose (ARTICLE VII, SECTION 28). the autonomy of the ARMM as it created dependency on and subservience to the national government (Marcelo 2018b). Justice system. A Shari’ah High Court is created by the BOL within the Bangsamoro territorial jurisdiction, as part of the THE PRESIDENT’S APPOINTING AUTHORITY Philippine judicial system. It shall exercise exclusive appellate jurisdiction over cases under the jurisdiction of the Shari’ah The appointing authority of the President of the Philippines District Courts within or outside the Bangsamoro Autonomous is preserved with respect to the Bangsamoro Human Rights Region. The decisions of the Shari’ah High Court shall be final Commission. The chairperson and two commissioners of and executory, except on questions of law which may be raised the commission shall be appointed by the President upon before the Supreme Court following the procedure for appeals recommendation of the Chief Minister (ARTICLE IX, SECTION 7). from the Court of Appeals to the Supreme CourtARTICLE ( X, SECTION 7). CREATION OF NEW AGENCIES Nothing in the BOL shall affect the original and appellate The Parliament of the Bangsamoro Government is empowered jurisdiction of the Supreme Court as provided in the to create a number of new agencies to perform specialized Constitution. Regular courts in the BARMM shall continue to functions to more effectively meet the needs of the people exercise their judicial functions, as provided by national law (see box on page 6), among them the Ministry for Indigenous (ARTICLE X, SECTION 19). Peoples and the Housing and Human Settlements Agency. Indigenous Peoples. The Bangsamoro Government shall create a ministry for indigenous peoples that will formulate and implement policies, plans, and programs to promote the well-being of all OFFICES TO BE CREATED IN THE BARMM indigenous peoples in the BARMM in recognition of their rights to their ancestral domain. The BOL categorially states that it shall not in any OFFICES CREATED BY THE BANGSAMORO manner diminish the rights and benefits of the non-Moro indigenous ORGANIC LAW peoples in the BARMM under the Constitution and national laws, particularly RA No. 8371 or the Indigenous Peoples’ Rights Act of 1997 ■■ Bangsamoro Human Rights Commission (ARTICLE IX, SECTION 3). ■■ Shari’ah High Court Housing and Human Settlements. The Parliament shall pass a law ■■ Office for Traditional or Tribal Justice System creating a housing and human settlements agency to address the ■■ Bangsamoro Treasury Office lack of shelter, settlements, and livelihood for the disadvantaged and ■■ Regional Office of the Bureau of Local Government homeless, especially victims of conflicts and atrocitiesARTICLE ( IX, Finance SECTION 9). ■■ Bangsamoro Disaster Risk Reduction and Management Council RETENTION OF NATIONAL GOVERNMENT RESPONSIBILITY

The National Government retains significant responsibility for certain OFFICES TO BE CREATED BY PARLIAMENT OF THE critical government functions, among them auditing and national BANGSAMORO GOVERNMENT defense, public order and safety. ■■ Bangsamoro Budget Office Auditing. The BOL provides that, pursuant to the Constitution, ■■ Housing and Human Settlements Agency the Commission on Audit shall be the exclusive auditor of the Bangsamoro Government and its constituent local government units. ■■ Commission on Women The Bangsamoro Government shall establish an auditing body which ■■ Commission on Youth Affairs shall have internal audit responsibility in accordance with RA No. 3456 ■■ Office for Settler Affairs or the Internal Auditing Act of 1962 (ARTICLE XII, SECTION 2). ■■ Bangsamoro Revenue Office National defence and security, public order, and safety. The ■■ Bangsamoro Economic and Development Council defense and security of the BARMM shall be the responsibility of ■■ Ministry for Indigenous Peoples the National Government (ARTICLE XI, SECTION 1). The Police Regional ■■ Bangsamoro Commission for the Preservation of Cultural Office in the BARMM shall be under the direct operational control and Heritage supervision of the Philippine National Police (ARTICLE XI, SECTION 2).

OFFICES TO BE ESTABLISHED BY NATIONAL

SHARING IN NATURAL RESOURCE USE AND REVENUES GOVERNMENT BODIES Government revenues generated from the exploration, development, and utilization of all the natural resources in the BARMM, including ■■ Regional Civil Service Office to be created by the Civil mines and minerals, shall pertain fully to the Bangsamoro Government. Service Commission In the case of uranium and fossil fuels such as petroleum, natural ■■ Bangsamoro Electoral Office to be created by the gas, and coal, the same may be co-managed and the revenues Commission on Elections shared equally between the National Government and Bangsamoro ■■ Police Regional Office to be created by the Philippine Government, subject to the limitations provided in the Constitution National Police (ARTICLE XII, SECTION 34). ■■ National Police Commission Bangsamoro Regional Office Subject to the Constitution, the Bangsamoro Government shall to be established by the National Police Commission have the power, authority, and right to explore, develop, and utilize ■■ Regional Office of the Bureau of Jail Management and the natural resources, including surface and subsurface rights, Penology (BJMP) to be created by the BJMP inland waters, coastal waters, and renewable and nonrenewable ■■ Regional Office of the Bureau of Fire Protection (BFP) to resources in the BARMM. The Bangsamoro Government shall also be created by the BFP have the power to declare nature reserves and aquatic parks, forests, ■■ Regional Office of the Philippine Coast Guard (PCG) to watershed reservations, and other protected areas in the BARMM be created by the PCG (ARTICLE XIII, SECTION 8).

REFERENCES Bacongco, Keith. 2018. The Dawning of the Bangsamoro. Manila Bulletin, 2 September. organic-law-primer-everything-you-need-to-know-bbl.html, accessed 24 August 2018. Bacus, Ray Maynard. 2015. Autonomy or Secession: Analysis of the Constitutionality of the Bangsamoro Basic Law. Ateneo Law Journal 59 (2015) : 1434-56. Official Gazette. n.d. Timeline: The . http://www. officialgazette.gov.ph/bangsamoro2, accessed 4 September 2018. Conciliation Resources. n.d. History: Mindanao conflict and the Moro Islamic Liberation Front. http://www.c-r.org/where-we-work/southeast-asia/history-mindanao- Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao. conflict-and-moro-islamic-liberation-front, accessed 4 September 2018. Official Gazette. 2018. http://www.officialgazette.gov.ph/ downloads/2018/07jul/20180727-RA-11054-RRD.pdf International Crisis Group. 2012. The Philippines: Breakthrough in Mindanao. Asia Report no. 240 (December). https://d2071andvip0wj.cloudfront.net/240-the- Whitman, Paul F., “The Corregidor Massacre,” The 503D R. R. C. T. Heritage Battalion philippines-breakthrough-in-mindanao.pdf, accessed 4 September 2018. Online. Available from http://corregidor.org/heritage_battalion/jabidah.html (accessed 9 September 2018). Marcelo, Ver. 2018a. Road to peace in Mindanao: The Bangsamoro Organic Law. CNN Philippines, 24 July. http://cnnphilippines.com/news/2018/02/11/bangsamoro- *All icons (except for the Philippine map and the seal of the of the President of the basic-law-bbl-timeline.html, accessed 4 September 2018. Philippines on page 5) made by Freepik, Photo3iden_studio, SRIP, Smashicons, itim2101, and Prettycons from flaticon.com. ______. 2018b. The Bangsamoro Organic Law: Everything you need to know. CNN Philippines, 24 July. http://cnnphilippines.com/news/2018/07/24/bangsamoro-

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